You can get trademark rights for using the mark in a certain region where it is used, no matter if it is officially registered or not. You will need to include certain details such as the kind of industry the trademark is in, when the trademark was first used in business, and if there are design specifications.
If you want to make your trademark broad, then you should not include specific design details regarding your trademark. The USPTO will inform you about if it approves of your trademark usually up to six-months after you send in your application. However, it is possible that your trademark request will be denied, particularly if it is similar to another already-registered trademark. However, registering the trademark officially will give you the full protection of federal trademark law, such as being able to bring lawsuits regarding infringement and foreign registration.
When you are trademarking something, you have to be using it for a business purpose or intend to do so quite soon. This specification means that only things relevant to business can be trademarked and not things that are used just for personal uses.
Furthermore, a trademark request must be for something that is unique. It cannot be something that is plain or common, whether a design or phrase. Often names that are simply created or that are very closely connected to the product, such as describing it, can be trademarked. Furthermore, oftentimes trademarks will be rejected if the trademark request will possibly create confusion with other trademarks or applications. When you apply for a trademark, you need to be specific about the kind of products and services you will use the trademark with.
The trademark office will not allow similar trademarks in similar industries, as that raises the chance of customers becoming confused. The USPTO approved both applications, largely because even though both are using the same name nonetheless they are in such separate industries that the risk of public confusion is quite low.
However, the USPTO states that it will not register the names of people or designs similar to them except under specific circumstances. To do so, often you will need to get the person to include their written consent with the application, unless it is a nickname.
If the application is approved, the USPTO will publish the trademark in an online journal to give anyone else out there an opportunity to oppose it. This can take about three months. If your mark is opposed, hiring a trademark lawyer to defend the trademark and proceed may be necessary. Registering a trademark allows a business or trademark owner exclusive rights to use the name nationwide in association with products and services the name is registered for.
This discourages competitors from using the name or creating similar-sounding names to trick people, and it gives you a legal avenue to protect against copycats that make these sorts of shady, underhanded moves. Having U.
Customs and Border Protection prevent foreign manufacturers from importing and selling goods under the same name is an added benefit. Trademarks do have some limitations. The burden is on you, the trademark owner, to be on the lookout for trademark infringers and take action against them. If not renewed, a trademark expires after 10 years. Trademarks cannot take the place of business registrations at a state level and are not tax registrations with the federal government.
Additionally, a trademark only protects your name if used for the classes of goods and services identified on your application. LLCs are a type of business that you form at a state level. Forming an LLC typically protects your business name from being used by other incorporated businesses in your state. A copyright protects original artistic and literary works. While copyrights may apply to logos, they usually do not apply to names.
If you use your name for more than one type of goods or services, you may need to register your trademark in multiple classes. Registering a trademark with different classes, or use designations, will require additional fees per each class registered. Other people can still use your name for goods or services that fall into different classes. This is why you sometimes see two completely different products or brands with the same name, such as Dove ice cream bars and Dove soap.
Nolo offers hundreds of consumer-friendly do-it-yourself legal products written in plain English. Registering a trademark after the name is in use is possible and may even save fees, but registering before a name is in use is possible as well. For those worried about theft or misuse of a name early in the life of a business, making an effort to register earlier may provide peace of mind.
Generally, registering immediately at the start of a business is not necessary without serious name competition. Contesting and defending trademarks will likely require attorney services and can become expensive quickly. If the business for which a trademark is registered is based inside the U.
If based outside the U. Chauncey grew up on a farm in rural northern California. At 18 he ran away and saw the world with a backpack and a credit card, discovering that the true value of any point or mile is the experience it facilitates.
He remains most at home on a tractor, but has learned that opportunity is where he finds it and discomfort is more interesting than complacency. Jane Haskins practiced law for 20 years, representing small businesses in startup, dissolution, business transactions and litigation. She has written hundreds of articles on legal, intellectual property and tax issues affecting small businesses.
In that role, he was responsible for writing, editing, and strategizing content geared toward small business owners. Before that, he worked at PCMag as a business analyst. Select Region. Lots of trademarks are relegated to only the standard character set protecting the word "bubble" in regular typeface, for example , but marks can also be customized or stylized to include pictures, logos, different letter forms or combinations.
Check out this PTO resource for more information. Remember, though, that your trademark must be unique enough to distinguish yours from other trademarks already in use. The PTO provides these categories for determining trademark eligibility, from strongest to weakest:. Fanciful marks are those that use terms that have been invented for the sole purpose of functioning as a trademark or service mark Pepsi, Exxon or are completely out of common usage. Fanciful marks are most likely to be eligible for trademark.
Arbitrary marks are those with common words, but not common in connection with the products or services being trademarked, such as Apple Computers or Yahoo! Arbitrary marks are less likely to be eligible for trademark than fanciful marks, but still likely to be accepted. Suggestive marks may or may not be unique or distinctive enough to be eligible for trademark.
Descriptive marks will likely not be eligible for trademark. The goods and services you associate with your mark are up to you, but make sure that they are clearly identified. You want to make sure to cover your most important goods and services, because what is NOT covered will be available for others to use. You may not want to spend the time, energy and expense protecting a trademark in your startup phase unless it is absolutely necessary. Step 2: Do a Trademark Search.
It is advised to seek out the help of an experienced attorney when conducting your trademark search. Mistakes here are easy to make and can be expensive. Prepare and file the online application. Payment of the appropriate processing fee is also required. Pay close attention to accuracy when filling out your application.
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